Failing to drive in a marked lane - Case law
The Courts have ruled that for the offence of failing to drive in a marked lane, the Crown must show:
1) The accused failed to drive in the marked lane AND
2) The manoeuvre was not made in safety
It used to be sufficient to simply show that you weren't driving in the marked lane. The requirement to show the action was unsafe adds a further burden to the Crown.
Case law link: http://www.canlii.org/en/on/onca/doc/20 ... ca589.html
So in other words everyone can drive anywhere, blastin down ramps (passing many motorists in the normal lanes) then wait until very last minute of the ramp and then swing across the "bull-nose" and back into line.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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Looks like it.hwybear wrote:So in other words everyone can drive anywhere, blastin down ramps (passing many motorists in the normal lanes) then wait until very last minute of the ramp and then swing across the "bull-nose" and back into line.

Garden-variety Toronto driving.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
http://www.OntarioTicket.com OR http://www.OHTA.ca
Yes and no. The two sections really cover different types of offences. And 150(3) goes on to state that 150(2) doesn't apply to paved shoulders, where most of the idiotic passing takes place.Squishy wrote:You still have passing off roadway, HTA 150 (2). The definition of "roadway" specifically excludes the shoulder.
Can't use the shoulder to pass vehicles that aren't turning left.
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